logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 김천지원 2016.02.03 2015고단1421
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 19, 2009, the Defendant issued a summary order of KRW 700,000 as a fine for a violation of road traffic law (drinking driving), and on December 17, 2012, the Defendant issued a summary order of KRW 1,00,000 as a fine for a violation of road traffic law (drinking driving) in the Daegu District Court Kimcheon branch of the Daegu District Court on December 17, 2012.

Although the Defendant had had a alcohol driving force twice or more as above, around August 12, 2015, around 00:00:05, the Defendant was under the influence of alcohol leveling 0.058% in the 500-meter section from the front side of the old-si Modong Vamb Mat to the adjacent Modle malbbridge, and driven the B-G car.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of driving under drinking, inquiry into the results of crackdown on driving under drinking, and a statement on the circumstances of the driver under driving under drinking;

1. Previous conviction: Application of a reply to inquiry, investigation report (report, confirmation of the records of the same criminal act as the suspect), report on the previous conviction of the disposition, report on the results of confirmation, and two copies of summary orders;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55(1)3 of the Criminal Act (a) of the Act on the Mitigation of Small Quantity mitigated (afford that the Defendant would not drive drinking again while recognizing and opposing the instant crime)

Considering that there is no past record of criminal punishment exceeding the fine for the same crime, and that there is no accident in the course of the crime of this case, etc.

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of the amount of punishment);

1. Article 62-2 (1) of the Criminal Act on an order to attend a course;

arrow